RH Line Calls

Too stoned to drive bill passes first test in Colorado House committee

By Ryan ParkerThe Denver Post

Posted:
02/26/2013 07:33:08 PM MST

(Jupiter Images)

A bill defining how high is too high to be behind the wheel of a car has cleared the initial hurdle after it was passed unanimously by the House Judiciary Committee on Tuesday.

House Bill 1114, sponsored by House Minority Leader Mark Waller, R-Colorado Springs, and state Rep. Rhonda Fields, D-Aurora, sets the legal limit for driving under the influence of marijuana at 5 nanograms of active THC per milliliter of blood.

The bill advances to the House Appropriations Committee.

Previous attempts to set such a limit have failed, but Waller said a standard is more important now because of the passage of Amendment 64, which legalizes marijuana for adults in Colorado.

Those who oppose the bill claim 5 nanograms is far too low because many regular pot smokers — especially medical marijuana patients — will often have at least that amount of THC in their system. So, by law, they'd lose their driving privilege under this bill.

"If we can't prove impairment, why are we making laws based on arbitrary data?" said Jason Warf, director of the Colorado Springs Medical Cannabis Council.

Waller said the 5 nanograms argument was a foreseen issue, so a compromise was made.

Under this bill, people caught over the 5 nanogram THC limit could argue in court they were not impaired. That opportunity is not afforded alleged drunk drivers caught over the legal blood-alcohol limit.

Advertisement

"Lack of poor driving could be evidence you're not under the influence," Waller said.

Among law enforcement authorities who spoke at the hearing was Arapahoe County Sheriff Grayson Robinson, who represented the County Sheriffs of Colorado.

Robinson said he supported the bill as a lawman, a Colorado motorist and a grandparent.

"This bill deals with public safety," Robinson said. "I believe that the people of this state demand, expect and deserve safe highways."

Pro-pot activists said the bill is unfair, especially to those who are medical marijuana patients.

"There is no proof this law will improve public safety," said Teri Robnett, who uses marijuana because of fibromyalgia. "This is about, 'We don't like pot and we don't like people who use pot'."

Other marijuana users said driving under the influence of alcohol cannot be compared with driving with marijuana in a person's system.

"I feel confident in myself to smoke it and drive you and your children anywhere you want to go," Paul Saurini, a marijuana user, told the committee.

Committee members said they understood concerns expressed by those who opposed the bill, but the issue must be addressed.

"We have to treat marijuana like alcohol and that is what this bill attempts to do," said state Rep. Pete Lee, D-Colorado Springs.

ODESSA, Texas (AP) — A West Texas man has been charged with impersonating an officer by using sirens and flashing lights to skip to the head of the drive-thru line at a fast-food restaurant. Full Story

Sufjan Stevens, "Carrie & Lowell" (Asthmatic Kitty) Plucked strings and pulsing keyboards dominate the distinctive arrangements on Sufjan Stevens' latest album, and in the absence of a rhythm section, they serve to keep time. Full Story